82_FR_57393 82 FR 57162 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

82 FR 57162 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 231 (December 4, 2017)

Page Range57162-57163
FR Document2017-26044

NMFS is reallocating the projected unused amount of Pacific cod from trawl catcher vessels (3,083 metric tons (mt)), American Fisheries Act (AFA) trawl catcher/processors (205 mt), and jig vessels (94 mt) to hook-and-line catcher/processors (2,732 mt) and pot catcher/ processors (650 mt) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2017 total allowable catch of Pacific cod to be harvested.

Federal Register, Volume 82 Issue 231 (Monday, December 4, 2017)
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57162-57163]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26044]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF859


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from trawl catcher vessels (3,083 metric tons (mt)), American 
Fisheries Act (AFA) trawl catcher/processors (205 mt), and jig vessels 
(94 mt) to hook-and-line catcher/processors (2,732 mt) and pot catcher/
processors (650 mt) in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to allow the 2017 total allowable 
catch of Pacific cod to be harvested.

DATES: Effective November 29, 2017through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (BSAI) according to the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area (FMP) prepared by the North Pacific Fishery Management 
Council under authority of the Magnuson-Stevens Fishery Conservation 
and Management Act. Regulations governing fishing by U.S. vessels in 
accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 
CFR part 679.
    The 2017 Pacific cod total allowable catch (TAC) in the BSAI 
specified for trawl catcher is 47,246 metric tons (mt),

[[Page 57163]]

for AFA trawl catcher/processors is 4,917 mt, and for jig vessels is 
107 mt as established by the final 2017 and 2018 harvest specifications 
for groundfish in the BSAI (82 FR 11826, February 27, 2017) and 
reallocations (82 FR 47162, October 11, 2017, 82 FR 43503, September 
18, 2017 and 82 FR 41899, September 5, 2017). The Administrator, Alaska 
Region, NMFS, (Regional Administrator) has determined that trawl 
catcher vessels will not be able to harvest 3,083 mt of the remaining 
2017 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(9), The Regional Administrator has determined that 
AFA trawl catcher/processors will not be able to harvest 205 mt of the 
remaining 2017 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(7). The Regional Administrator has determined that 
jig vessels will not be able to harvest 94 mt of the remaining 2017 
Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii), taking into 
account the capabilities of the sectors to harvest reallocated amounts 
of Pacific cod, and following the hierarchies set forth in Sec.  
679.20(a)(7)(iii)(A) and Sec.  679.20(a)(7)(iii)(B), NMFS reallocates 
2,732 mt of Pacific cod to hook-and-line catcher/processors and 650 mt 
to pot catcher/processors.
    The harvest specifications for Pacific cod included in the final 
2017 harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017) and two inseason adjustments (82 FR 8905, February 
1, 2017 and 82 FR 41899, September 5, 2017) are revised as follows: 
44,163 mt for trawl catcher vessels, 4,712 for AFA trawl catcher/
processors, 13 mt for jig vessels, 106,444 mt for hook-and-line 
catcher/processors, and 4,844 mt pot catcher/processors.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the reallocation of Pacific cod specified from trawl 
catcher vessels, AFA catcher/processors, and jig gear to hook-and-line 
catcher/processors and pot catcher/processors in the BSAI management 
area. Since most of these fisheries are currently open, it is important 
to immediately inform the industry as to the revised allocations. 
Immediate notification is necessary to allow for the orderly conduct 
and efficient operation of this fishery, to allow the industry to plan 
for the fishing season, and to avoid potential disruption to the 
fishing fleet as well as processors. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of November 21, 2017.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: November 29, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-26044 Filed 11-29-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                             57162            Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations

                                             Public Law 104–13, October 1, 1995,                        OMB Expiration Date: September 30,                 support, TRPs assist the Commission in
                                             and 44 U.S.C. 3507.                                     2019.                                                 determining whether ILEC access
                                               The total annual reporting burdens                       Title: Part 61, Tariff Review Plan                 charges are just and reasonable as
                                             and costs for the respondents are as                    (TRP).                                                required under the Act.
                                             follows:                                                   Form Number: N/A.                                  Federal Communications Commission.
                                                                                                        Respondents: Business or other for-
                                                OMB Control Number: 3060–0298.                                                                             Katura Jackson,
                                                                                                     profit entities.
                                                OMB Approval Date: September 20,                        Number of Respondents and                          Federal Register Liaison Officer, Office of the
                                             2016.                                                   Responses: 2,840 respondents; 5,437                   Secretary.
                                                OMB Expiration Date: September 30,                   responses.                                            [FR Doc. 2017–25949 Filed 12–1–17; 8:45 am]
                                             2019.                                                      Estimated Time per Response: 0.5                   BILLING CODE 6712–01–P
                                                Title: Part 61, Tariffs (Other than                  hours–53 hours.
                                             Tariff Review Plan) (TRP).                                 Frequency of Response: On occasion,
                                                Form Number: N/A.                                    annual, biennial, and one-time reporting              DEPARTMENT OF COMMERCE
                                                Respondents: Business or other for-                  requirements.
                                             profit entities.                                           Obligation to Respond: Required to                 National Oceanic and Atmospheric
                                                Number of Respondents and                            obtain or retain benefits. Statutory                  Administration
                                             Responses: 2,840 respondents; 4,277                     authority for this information collection
                                             responses.                                              is contained in 47 U.S.C. 201, 202, 203,              50 CFR Part 679
                                                Estimated Time per Response: 30                      and 251(b)(5) of the Communications
                                             hours–50 hours.                                                                                               [Docket No. 161020985–7181–02]
                                                                                                     Act of 1934, as amended.
                                                Frequency of Response: On occasion,                     Total Annual Burden: 66,000 hours.                 RIN 0648–XF859
                                             annual, biennial, and one-time reporting                   Total Annual Cost: No cost.
                                             requirements.                                              Privacy Impact Assessment: No                      Fisheries of the Exclusive Economic
                                                Obligation to Respond: Required to                   impact(s).                                            Zone Off Alaska; Reallocation of
                                             obtain or retain benefits. Statutory                       Nature and Extent of Confidentiality:              Pacific Cod in the Bering Sea and
                                             authority for this information collection               Respondents are not being asked to                    Aleutian Islands Management Area
                                             is contained in 47 U.S.C. 151–155, 201–                 submit confidential information to the
                                             203, 208, 251–271, 403, 502, and 503 of                                                                       AGENCY:  National Marine Fisheries
                                                                                                     Commission. If the Commission                         Service (NMFS), National Oceanic and
                                             the Communications Act of 1934, as                      requests respondents to submit
                                             amended.                                                                                                      Atmospheric Administration (NOAA),
                                                                                                     information which respondents believe                 Commerce.
                                                Total Annual Burden: 156,080 hours.                  is confidential, respondents may request
                                                Total Annual Cost: $1,307,670.                                                                             ACTION: Temporary rule; reallocation.
                                                                                                     confidential treatment of such
                                                Privacy Impact Assessment: No                        information under 47 CFR 0.459 of the                 SUMMARY:   NMFS is reallocating the
                                             impact(s).                                              Commission’s rules.                                   projected unused amount of Pacific cod
                                                Nature and Extent of Confidentiality:                   Needs and Uses: On March 23, 2016                  from trawl catcher vessels (3,083 metric
                                             Respondents are not being asked to                      the Commission released the Rate of                   tons (mt)), American Fisheries Act
                                             submit confidential information to the                  Return Order, FCC 16–33, which                        (AFA) trawl catcher/processors (205
                                             Commission. If the Commission                           reformed universal service for rate-of-               mt), and jig vessels (94 mt) to hook-and-
                                             requests respondents to submit                          return local exchange carriers (LECs).                line catcher/processors (2,732 mt) and
                                             information which respondents believe                   These reforms require rate-of-return                  pot catcher/processors (650 mt) in the
                                             is confidential, respondents may request                LECs to make tariff filings with the                  Bering Sea and Aleutian Islands
                                             confidential treatment of such                          necessary support materials outside the               management area (BSAI). This action is
                                             information under 47 CFR 0.459 of the                   normal tariff filing period.                          necessary to allow the 2017 total
                                             Commission’s rules.                                        Sections 201, 202, and 203 of the                  allowable catch of Pacific cod to be
                                                Needs and Uses: On March 23, 2016                    Communications Act of 1934, as                        harvested.
                                             the Commission released the Rate of                     amended, require common carriers to
                                             Return Order, FCC 16–33, which                          establish just and reasonable charges,                DATES: Effective November 29,
                                             reformed universal service for rate-of-                 practices, and regulations for their                  2017through 2400 hours, Alaska local
                                             return local exchange carriers (LECs).                  interstate telecommunications services.               time (A.l.t.), December 31, 2017.
                                             These reforms require approximately 95                  For services that are still covered under             FOR FURTHER INFORMATION CONTACT: Josh
                                             rate-of-return LECs to make one-time                    section 203, tariff schedules containing              Keaton, 907–586–7228.
                                             tariff filings and NECA to make two                     charges, rates, rules, and regulations                SUPPLEMENTARY INFORMATION: NMFS
                                             tariff filings with the necessary support               must be filed with the Commission. Part               manages the groundfish fishery in the
                                             materials outside the normal tariff filing              61 of the Commission’s rules, 47 CFR                  Bering Sea and Aleutian Islands (BSAI)
                                             period.                                                 part 61, prescribes the framework for the             according to the Fishery Management
                                                Part 61 of the Commission’s rules, 47                establishment of and subsequent                       Plan for Groundfish of the Bering Sea
                                             CFR part 61, prescribes the framework                   revisions to tariffs. Certain LECs are                and Aleutian Islands Management Area
                                             for the initial establishment of and                    required to submit a biennial or annual               (FMP) prepared by the North Pacific
                                             subsequent revisions to tariffs. The                    Tariff Review Plan (TRP) in partial                   Fishery Management Council under
                                             information collected through the                       fulfillment of cost support material                  authority of the Magnuson-Stevens
                                             carriers’ tariffs and supporting                        required by part 61. The Commission                   Fishery Conservation and Management
                                             documentation is used by the                            developed the TRP to minimize
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                                                                                                                                                           Act. Regulations governing fishing by
                                             Commission and state commissions to                     reporting burdens on reporting                        U.S. vessels in accordance with the FMP
                                             determine whether the services are                      incumbent local exchange carriers                     appear at subpart H of 50 CFR part 600
                                             offered in a just and reasonable manner.                (ILECs). TRPs set forth the summary                   and 50 CFR part 679.
                                                OMB Control Number: 3060–0400.                       material ILECs file to support revisions                 The 2017 Pacific cod total allowable
                                                OMB Approval Date: September 20,                     to their interstate access service tariffs.           catch (TAC) in the BSAI specified for
                                             2016.                                                   For those services still requiring cost               trawl catcher is 47,246 metric tons (mt),


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                                                              Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations                                              57163

                                             for AFA trawl catcher/processors is                     catcher/processors and 650 mt to pot                  pot catcher/processors in the BSAI
                                             4,917 mt, and for jig vessels is 107 mt                 catcher/processors.                                   management area. Since most of these
                                             as established by the final 2017 and                      The harvest specifications for Pacific              fisheries are currently open, it is
                                             2018 harvest specifications for                         cod included in the final 2017 harvest                important to immediately inform the
                                             groundfish in the BSAI (82 FR 11826,                    specifications for groundfish in the                  industry as to the revised allocations.
                                             February 27, 2017) and reallocations (82                BSAI (82 FR 11826, February 27, 2017)                 Immediate notification is necessary to
                                             FR 47162, October 11, 2017, 82 FR                       and two inseason adjustments (82 FR                   allow for the orderly conduct and
                                             43503, September 18, 2017 and 82 FR                     8905, February 1, 2017 and 82 FR                      efficient operation of this fishery, to
                                             41899, September 5, 2017). The                          41899, September 5, 2017) are revised as              allow the industry to plan for the fishing
                                             Administrator, Alaska Region, NMFS,                     follows: 44,163 mt for trawl catcher                  season, and to avoid potential
                                             (Regional Administrator) has                            vessels, 4,712 for AFA trawl catcher/                 disruption to the fishing fleet as well as
                                             determined that trawl catcher vessels                   processors, 13 mt for jig vessels, 106,444            processors. NMFS was unable to
                                             will not be able to harvest 3,083 mt of                 mt for hook-and-line catcher/processors,              publish a notice providing time for
                                             the remaining 2017 Pacific cod TAC                      and 4,844 mt pot catcher/processors.                  public comment because the most
                                             allocated to those vessels under                        Classification                                        recent, relevant data only became
                                             § 679.20(a)(7)(ii)(A)(9), The Regional                                                                        available as of November 21, 2017.
                                                                                                       This action responds to the best
                                             Administrator has determined that AFA                   available information recently obtained                  The AA also finds good cause to
                                             trawl catcher/processors will not be able               from the fishery. The Assistant                       waive the 30-day delay in the effective
                                             to harvest 205 mt of the remaining 2017                 Administrator for Fisheries, NOAA                     date of this action under 5 U.S.C.
                                             Pacific cod TAC allocated to those                      (AA), finds good cause to waive the                   553(d)(3). This finding is based upon
                                             vessels under § 679.20(a)(7)(ii)(A)(7).                 requirement to provide prior notice and               the reasons provided above for waiver of
                                             The Regional Administrator has                          opportunity for public comment                        prior notice and opportunity for public
                                             determined that jig vessels will not be                 pursuant to the authority set forth at 5              comment.
                                             able to harvest 94 mt of the remaining                  U.S.C. 553(b)(B) as such requirement is                  This action is required by § 679.20
                                             2017 Pacific cod TAC allocated to those                 impracticable and contrary to the public              and is exempt from review under
                                             vessels under § 679.20(a)(7)(ii)(A)(1).                 interest. This requirement is                         Executive Order 12866.
                                                Therefore, in accordance with                        impracticable and contrary to the public                Authority: 16 U.S.C. 1801 et seq.
                                             § 679.20(a)(7)(iii), taking into account                interest as it would prevent NMFS from
                                             the capabilities of the sectors to harvest              responding to the most recent fisheries                 Dated: November 29, 2017.
                                             reallocated amounts of Pacific cod, and                 data in a timely fashion and would                    Emily H. Menashes,
                                             following the hierarchies set forth in                  delay the reallocation of Pacific cod                 Acting Director, Office of Sustainable
                                             § 679.20(a)(7)(iii)(A) and                              specified from trawl catcher vessels,                 Fisheries, National Marine Fisheries Service.
                                             § 679.20(a)(7)(iii)(B), NMFS reallocates                AFA catcher/processors, and jig gear to               [FR Doc. 2017–26044 Filed 11–29–17; 4:15 pm]
                                             2,732 mt of Pacific cod to hook-and-line                hook-and-line catcher/processors and                  BILLING CODE 3510–22–P
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Document Created: 2017-12-02 00:40:55
Document Modified: 2017-12-02 00:40:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; reallocation.
DatesEffective November 29, 2017through 2400 hours, Alaska local time (A.l.t.), December 31, 2017.
ContactJosh Keaton, 907-586-7228.
FR Citation82 FR 57162 
RIN Number0648-XF85

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